Senate Study Bill 1056
SENATE FILE
BY (PROPOSED COMMITTEE ON
HUMAN RESOURCES BILL BY
CHAIRPERSON VEENSTRA)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the establishment of exclusive grounds for a
2 dissolution of marriage.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. NEW SECTION. 598.4A DISSOLUTION OF MARRIAGE
1 2 == EXCLUSIVE GROUNDS.
1 3 A party may petition for dissolution of marriage only upon
1 4 proof of any of the following:
1 5 a. The other party has committed adultery.
1 6 b. The other party has committed a felony and has been
1 7 sentenced to imprisonment.
1 8 c. The other party has abandoned the matrimonial domicile
1 9 for a period of one year and refuses to return.
1 10 d. The other party has physically or sexually abused the
1 11 party seeking the order or dissolution or a child of one of
1 12 the parties.
1 13 e. The parties have been living separate and apart
1 14 continuously without reconciliation for a period of two years.
1 15 Sec. 2. Section 598.5, subsection 7, Code 2003, is amended
1 16 to read as follows:
1 17 7. Allege that there has been a breakdown of the marriage
1 18 relationship to the extent that the legitimate objects of
1 19 matrimony have been destroyed and there remains no reasonable
1 20 likelihood that the marriage can be preserved the grounds for
1 21 the dissolution.
1 22 Sec. 3. Section 598.8, subsection 2, paragraph a,
1 23 subparagraph (1), Code 2003, is amended to read as follows:
1 24 (1) The parties have certified in writing that there has
1 25 been a breakdown of the marriage relationship to the extent
1 26 that the legitimate objects of matrimony have been destroyed
1 27 and there remains no reasonable likelihood that the marriage
1 28 can be preserved demonstrated proof of the grounds alleged in
1 29 the petition for the dissolution.
1 30 Sec. 4. Section 598.8, subsection 2, paragraph b,
1 31 subparagraph (1), Code 2003, is amended to read as follows:
1 32 (1) The petitioner has certified in writing that there has
1 33 been a breakdown of the marriage relationship to the extent
1 34 that the legitimate objects of matrimony have been destroyed
1 35 and there remains no reasonable likelihood that the marriage
2 1 can be preserved demonstrated proof of the grounds alleged in
2 2 the petition for the dissolution.
2 3 Sec. 5. Section 598.17, unnumbered paragraphs 1 and 2,
2 4 Code 2003, are amended to read as follows:
2 5 A decree dissolving the marriage may be entered when the
2 6 court is satisfied from the evidence presented that there has
2 7 been a breakdown of the marriage relationship to the extent
2 8 that the legitimate objects of matrimony have been destroyed
2 9 and there remains no reasonable likelihood that the marriage
2 10 can be preserved of the grounds alleged in the petition for
2 11 dissolution. The decree shall state that the dissolution is
2 12 granted to the parties, and shall not state that it is granted
2 13 to only one party.
2 14 If at the time of trial petitioner fails to present
2 15 satisfactory evidence that there has been a breakdown of the
2 16 marriage relationship to the extent that the legitimate
2 17 objects of matrimony have been destroyed and there remains no
2 18 reasonable likelihood that the marriage can be preserved of
2 19 the grounds alleged in the petition for dissolution, the
2 20 respondent may then proceed to present such evidence as though
2 21 the respondent had filed the original petition.
2 22 EXPLANATION
2 23 This bill establishes exclusive grounds upon which a
2 24 petition for dissolution of marriage may be filed and granted.
2 25 The grounds established are:
2 26 1. The other party has committed adultery.
2 27 2. The other party has committed a felony and has been
2 28 sentenced to imprisonment.
2 29 3. The other party has abandoned the matrimonial domicile
2 30 for a period of one year and refuses to return.
2 31 4. The other party has physically or sexually abused the
2 32 party seeking the order or dissolution or a child of one of
2 33 the parties.
2 34 5. The parties have been living separate and apart
2 35 continuously without reconciliation for a period of two years.
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